"Solutions are not always found in the law, but rather by focusing on the people we represent and their particular situation." — Patrick Melendy

Consider prenuptial agreements for social media

On behalf of Leahy Cox, LLP posted in Family Law on Thursday, June 29, 2017.

Social media has become a significant part of the lives of Oregon residents and others around the country. Everyone has different ideas of how much personal information to share online. While some may shy away from posting pictures of vacations or children, others have no issue sharing photographs of themselves drinking or posing in a bathing suit. Because opinions can differ so widely, some couples are now developing social media prenuptial agreements.

Matrimonial attorneys are beginning to see an increase in issues surrounding social media in divorce cases. While prenuptial agreements regarding social media are more common for celebrity couples, others see the importance of protecting their online reputations. Even those couples married already can choose to address this issue in postnuptial agreements.

A prenup can spell out what the couple can post about each other. Some things to address in the agreement could include comments, photos or videos. The couple can decide if the agreement is valid during the marriage or if is only goes into effect should a divorce occur.

While some may believe a social media prenup is not necessary, proponents advocate the agreement's usefulness. Family law advisers witness divorce cases in which social media misuse has become an issue. Inappropriate comments or pictures could cost a spouse considerably when assets are being divided or spousal payments are being determined. Many things shared online could be used against someone in a divorce.

There are many issues to resolve during Oregon divorce proceedings. While a relatively recent concern, it may be beneficial to consider developing prenuptial agreements prior to marriage or postnuptial agreements when couples are already married. An experienced divorce attorney can explain all the options available and develop an agreement best suited to a client's needs.

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